Macfarlane Loses -- Off The Air Here

A judge Friday banned consumer reporter Ellen MacFarlane from reporting for a year for any Central Florida television station except her former employer, WFTV-Channel 9.

Circuit Judge Frank Kaney ruled that MacFarlane, who signed a three-year contract with rival station WCPX-Channel 6 last month after negotiations with WFTV fell through, can no longer work at WCPX.

The ruling upholds a 12-month ''non-compete'' clause in WFTV's contract with MacFarlane by prohibiting ''on the air appearances or promotions'' for any television station within 110 miles of Orlando after March 11. That was when her contract expired at Channel 9.

MacFarlane jumped to WCPX shortly afterward and appeared on that station's news broadcast just once, on March 27. WFTV filed suit the next day and she agreed not to appear on the air again until after the court decision.

WFTV asked the court to enforce the clause to keep MacFarlane, whose consumer reports got high ratings, from working at a competing station and causing WFTV to lose ratings points and advertising revenue. WFTV is first in the 6 p.m. news ratings, followed by WCPX and WESH-Channel 2.

''Channel 9 got its piece of flesh. Channel 9 got Ellen MacFarlane. That's what it wanted to do,'' said MacFarlane, 40, who wept after she heard the news.

''I think it is an incredibly unjust decision. It means I can't be employed.''

Kaney said he upheld MacFarlane's contract with WFTV because it was valid and the one-year non-compete clause was reasonable according to testimony in a six-hour hearing Thursday.

MacFarlane said she will appeal Kaney's ruling.

In the meantime, she said, her lawyers will return to court probably Monday to try to persuade Kaney to modify his order so that she can at least work at WCPX in a behind-the-scenes job.

Also, she said, she will ask that another ''non-compete'' clause in the WFTV contract be eliminated -- prohibiting her from working in radio for 90 days after leaving her WFTV job.

The decision could end her long career in television reporting, she said.

''I spent 15 years perfecting my craft and finding out what it was I did best in television,'' MacFarlane said. ''Unless we overturn this on appeal, it's 15 years of hard work down the tube.''

A year out of the camera's eye would cost her the name recognition, reputation and marketability that she has now, she said. MacFarlane, who did stories about consumer problems on WFTV for 3 1/2 years, was known for her aggressive style and confrontational interviews.

Both stations have indicated they will seek replacements for the action- reporter role that she has held.

''We didn't win anything,'' said Clifton Conley, president and general manager of WFTV. ''We just enforced a contract that had a binding clause in it.

''We were not trying to keep Ellen out of a job.''

MacFarlane said her negotiations with WFTV reached a snag because she wanted a clause specifying that if the role as action reporter was discontinued she could seek employment with another station at once. That clause was in her first contract with WFTV but was being written out, she said.

Conley said language to that effect was being rewritten when MacFarlane got an attractive offer from the rival station.

He said his station's offer to MacFarlane still is open. She said she would not return to WFTV.

''I really think the community benefited the most from our action reporter and from Ellen MacFarlane,'' Conley said. ''If she does not wish to work for WFTV, then we will replace her.''

Before the judge ruled, MacFarlane was preparing a consumer story for broadcast on Friday's 6 o'clock news if Kaney ruled in her favor.

But at noon she waited nervously in her office at WCPX for news of the decision.

''I'm really in a panic,'' she said. ''My job in on the line.''

Her husband was the first to get the news of the judge's decision. At 12:20 p.m. a station employee told MacFarlane that he was on the telephone. The employee suggested that MacFarlane, who was being interviewed by The Orlando Sentinel, take the call in another room.

When she returned a few minutes later, MacFarlane was shaken.

''I lost,'' she said. ''Channel 9 won. That's what they wanted to do. They wanted to beat me.''

MacFarlane sat down and cried, her forehead in the palm of her hand, her elbow resting on a yellow note pad.

''I'm not bitter about it. I'm astounded. I'm devastated,'' she said. ''I can't believe you can treat people this way and get away with it.